Marshall Law, P.C.Marshall Law, P.C.2026-06-04T09:12:02Zhttps://www.marshalllawnm.com/feed/atom/WordPress/wp-content/uploads/sites/1400295/2020/09/cropped-Favicon-m-32x32.pngOn Behalf of Marshall Law, P.C.<![CDATA[Disabled patients can be at high risk of diagnostic failures]]>https://www.marshalllawnm.com/?p=478242026-06-04T09:12:02Z2026-06-04T09:12:02ZMany people with disabilities are surprised and even shocked when they first experience a level of ignorance and discrimination they didn’t expect in a health care setting. Unfortunately, however, even doctors who treat patients for all kinds of conditions can have negative views – or at least uninformed ones – when it comes to disabled patients.
Not only can this keep people from getting both preventative care and treatment for specific ailments. It can leave conditions undiagnosed. For example, in the Oscar-nominated documentary Crip Camp: A Disability Revolution, a woman with cerebral palsy discusses the time when she was younger, when a surgeon removed her healthy appendix. In fact, the symptoms she was experiencing were caused by a sexually transmitted disease, which she says the doctor never considered because of her disability.
Doctors’ admissions line up with patients’ experiences
While this occurred many years ago, prejudices continue. In one study a few years ago, focus groups of doctors discussed the challenges of treating disabled patients. Some admitted that they found ways to avoid treating them while taking care not to be sued for discrimination. This included telling new patients they had closed their practice.The doctors’ admissions are confirmed by just a sampling of patient stories. One man said he’s been told by doctors, “I really don’t know what to do with you. Maybe you should go elsewhere.” That “elsewhere,” according to some doctors, involved telling patients in wheelchairs to go to a zoo, cattle processing plant or grain elevator to get weighed because they didn’t have the equipment to do it.
Disability and failure to properly diagnose
If a doctor connects any symptom a patient is experiencing to their disability -- whether there is any logical connection or not – without taking the diagnostic steps they would take for a non-disabled patient, they can easily misdiagnose or fail to diagnose a serious and potentially fatal condition or injury. As noted above, ruling out potential diagnoses simply because of preconceived notions about disabled people can also have serious consequences.Not all misdiagnoses or failures to diagnose meet the legal standard for medical malpractice or negligence. That’s why it’s important to review the details with an experienced medical malpractice attorney. This can help people protect their rights to appropriate treatment and care and to seek justice and compensation for harm done.
]]>On Behalf of Marshall Law, P.C.<![CDATA[Should you still seek medical care after a minor fall?]]>https://www.marshalllawnm.com/?p=478222026-06-02T07:43:35Z2026-06-02T07:43:35ZWhy do some injuries take time to manifest?
Not all injuries from falls show immediate symptoms. Adrenaline and shock can make it more difficult to notice pain and other warning signs after an accident. You might feel fine initially, only to experience discomfort, stiffness or pain hours or even days later.
Certain injuries, like concussions or internal injuries, might not be immediately obvious. A head injury might seem minor at first, but it could develop into something more serious without proper evaluation. Sprains and strains can worsen over time if left untreated, potentially leading to chronic problems.
Getting a medical evaluation creates a record of your condition after the incident. A healthcare provider can identify issues you might not notice yourself and recommend appropriate treatment. Early intervention often leads to better outcomes and faster recovery times.
How does medical documentation help you?
Medical records serve as important documentation of what happened and when symptoms began. If your fall occurred on someone else's property or due to hazardous conditions, having professional medical documentation can be valuable. These records establish a clear timeline and connection between the fall and any injuries you sustained.
Without prompt medical attention, gaps in your medical history might raise questions later. Insurance companies and others may wonder why you delayed seeking care if your injuries were significant. Visiting a doctor soon after your fall eliminates these concerns and provides clear evidence of your condition.
Your medical provider can also give you guidance on warning signs to watch for in the coming days. Knowing what symptoms require immediate attention can help you respond appropriately if your condition changes.
Prompt action can protect your right to recover
Even if a fall seems minor, taking your symptoms seriously can help protect your health and support your recovery. By seeking prompt medical attention, you can identify hidden injuries, receive appropriate treatment and create clear documentation of your condition. Acting early also gives you valuable information about potential complications and the steps you can take moving forward.]]>On Behalf of Marshall Law, P.C.<![CDATA[Improper monitoring during labor can cause birth injuries]]>https://www.marshalllawnm.com/?p=478202026-05-18T17:49:35Z2026-05-18T17:49:35ZConsistent monitoring is the medical standard
Once a woman enters active labor, both she and the unborn child she carries benefit from constant medical supervision. A fetal heart rate monitor is the most effective way to check for signs of distress in an unborn child and ensure they receive appropriate interventions quickly. Nationwide standards for best practices during labor and delivery include fetal heart rate monitoring during active labor.
The failure to use a fetal heart rate monitor, to keep the device in effective working condition or to respond appropriately when the monitor shows signs of fetal distress are all forms of negligence that do not align with current best practices. The infant may go into distress, and medical professionals may fail to intervene.
Reviewing records of what happened during labor and delivery with a skilled legal team can help parents dealing with the aftermath of a preventable birth injury determine if malpractice has occurred. A medical malpractice lawsuit could compensate an affected family for lost wages and increased medical expenses related to a preventable birth injury.]]>On Behalf of Marshall Law, P.C.<![CDATA[Delayed stroke diagnosis can be catastrophic]]>https://www.marshalllawnm.com/?p=478182026-05-07T13:41:20Z2026-05-07T13:41:20ZA stroke is a medical emergency because blocked blood flow or bleeding can lead to damaged brain tissue. Anyone who presents to a hospital with any signs of a stroke should receive immediate attention because more brain tissue is damaged as time passes.
Unfortunately, not everyone who arrives at the hospital with signs of a stroke will receive the care they need. Delayed diagnosis is possible when medical professionals mistake symptoms for another condition, don’t pay attention to what the patient is saying or minimize the symptoms the patient is reporting.
Not all strokes produce classic signs
Many people recognize classic stroke signs, which include:
Arm weakness
Facial drooping
Severe headache
Speech difficulty
Confusion
Dizziness
Balance problems
Vision changes
When those signs are present, a swift diagnosis might be possible. However, there are times when less common symptoms might be present. Receiving a diagnosis in those cases can be challenging.
Time impacts treatment options
Many stroke treatments depend on how much time has elapsed since the onset of symptoms. Emergency departments may use a variety of testing options, such as neurological exams, imaging and lab work to determine if a stroke is occurring and what type of stroke is happening if one is present. The American Heart Association notes that even short emergency room delays can lead to reduced life expectancy when a person is having a stroke. This means that medical professionals must swiftly identify potential strokes so they can quickly determine what’s going on and start the proper treatment protocol. When there is a delayed diagnosis or missed diagnosis of a stroke, the patient can suffer negative consequences. They may opt to hold the medical team accountable for the medical malpractice or negligence by filing a legal claim. Working with someone familiar with these matters may be beneficial so the case can move forward while the patient continues to heal.
]]>On Behalf of Marshall Law, P.C.<![CDATA[How does a rabid dog bite affect the value of a claim?]]>https://www.marshalllawnm.com/?p=478162026-05-07T09:36:48Z2026-05-07T09:36:48ZWhy is the medical response so intensive?
Rabies targets the central nervous system, and it is nearly always fatal once symptoms appear. This makes any credible exposure a medical emergency that requires immediate care.
The standard response is a treatment protocol known as Post-Exposure Prophylaxis (PEP). It involves injections at the wound site and four vaccine doses over 14 days. The process is physically draining, time-consuming and often costs thousands of dollars even with insurance.
A rabid dog bite requires more intensive wound care than a typical bite as well. Depending on the severity of the attack, it can also involve deep tissue damage and the psychological weight of a life-threatening exposure contributes to a longer recovery.
How does rabies alter the liability framework?
New Mexico does not impose automatic liability on dog owners after a bite. You generally need to show that the owner was aware of the animal's dangerous tendencies or failed to take reasonable steps to control it.
When rabies is part of the equation, the legal analysis often expands. State law requires dog owners to maintain current rabies vaccinations for their animals, and a failure to do so may constitute negligence per se. If the dog was unvaccinated at the time of the bite, that violation can strengthen both the liability argument and the overall value of your claim.
What damages can you pursue?
A rabid dog bite claim can include the the following categories of damages:
Medical expenses: A rabies exposure often involves multiple rounds of treatment, specialist visits and wound monitoring that add up over several weeks.
Lost income: The treatment schedule and recovery may keep you out of work for an extended period. In more serious cases, the impact on earning ability may extend beyond the recovery period.
Pain and suffering: The bite wound and the injection series can cause lasting discomfort well beyond the first emergency visit.
Emotional distress: Anxiety, sleep disruption and fear of animals are common after a rabies exposure and can warrant their own category of compensation.
In a rabies case, these categories tend to build on each other. Weeks of treatment drive up both medical costs and lost wages. The severity of the exposure deepens the emotional toll apart what a typical bite produces.
Which factors affect your claim value?
No two rabid dog bite claims produce the same result, and several variables influence what your case may ultimately be worth. The severity of the bite wound matters, as deeper lacerations and multiple bite sites generally lead to higher treatment costs and longer recovery timelines.
Thorough medical documentation is important too. Detailed records of every treatment, prescription and appointment make it harder for the opposing side to minimize the extent of your injuries.
Consulting with an attorney can help you understand how these factors apply to your situation. A professional evaluation might also reveal additional considerations that are not immediately obvious from the medical records or the incident alone.]]>On Behalf of Marshall Law, P.C.<![CDATA[Medication errors in healthcare]]>https://www.marshalllawnm.com/?p=478132026-04-22T15:53:14Z2026-04-22T15:53:14ZUnfortunately, medication errors made by medical professionals are not uncommon. Many patients in the U.S. are impacted by this type of error each year. A patient may end up dealing with a worsened health condition, financial strain and significant psychological distress.
Here is what to know about medication errors:
Examples of medication errors
A medication error can occur when:
A doctor fails to prescribe, dispense or administer a medication, obtain a patient’s allergy history or assess/follow up on a patient's response to medication.
A nurse fails to administer an ordered dose, gives medication at the wrong time or administers a medication using the wrong route.
A pharmacist provides the wrong drug/strength, gives incorrect dosage instructions on the label or misinterpretes prescriptions due to illegible handwriting or similar drug names/appearances.
Thus, medication errors can be committed by different healthcare professionals at different stages during the treatment process, including ordering and prescribing, documenting, transcribing, dispensing, administering and monitoring.
Causes of medication errors
Various factors contribute to medication errors. These include:
Lack of training or inadequate knowledge of medications
Poor communication among professionals and between professionals and patients
Understaffing, which often leads to fatigue and stress, resulting in rushed processes and interruptions
System failures, for instance, when poorly designed electronic screens lead to selection errors, such as selecting the wrong patient's chart or the wrong drug/dosage from a dropdown menu
Lack of standardized procedures in a work environment, resulting in inconsistent practices, communication failures and frequent interruptions
These causes of medication errors are preventable, yet they exist in some healthcare settings. Patient harm stemming from a medication error may qualify as medical malpractice. If you or your loved one is injured in such circumstances, it’s vital to get legal guidance to know your options. ]]>On Behalf of Marshall Law, P.C.<![CDATA[What is the statute of limitations in a wrongful death case?]]>https://www.marshalllawnm.com/?p=478112026-04-03T16:16:01Z2026-04-03T16:16:01ZIn New Mexico, the statute of limitations for a wrongful death case is three years. As soon as someone passes away, the clock starts. If family members miss the deadline, even if their case otherwise would have been valid and resulted in significant financial compensation, they may not be able to file a wrongful death suit.This is part of the reason why it is important to begin looking into your legal options any time that a loved one passes away and you believe it may be due to the negligence of another person or entity. You do not want to procrastinate. This is an emotional time, but you need to work relatively quickly to preserve evidence and file your case before any important deadlines are missed.
How could a wrongful death occur?
There are a wide variety of reasons why a wrongful death case may be appropriate. Some examples include:
Medical malpractice, such as surgical mistakes or medication mistakes
Premises liability cases, such as negligent security at a hotel or a serious slip and fall accident on another person's poorly maintained property
Fatal aviation accidents, boating accidents or motor vehicle accidents
Exposure to dangerous or defective products
These cases can be very complicated. Just because a loved one passes away in a medical institution does not necessarily mean that it is medical malpractice, for instance. You have to demonstrate that there was a duty of care and some element of negligence on behalf of medical professionals, directly leading to that person's passing.As you go through this process, it can be very helpful to work with an experienced wrongful death attorney so that you know how to build your case and adhere to all legal deadlines.]]>On Behalf of Marshall Law, P.C.<![CDATA[3 hidden hazards that can threaten your children in public pools]]>https://www.marshalllawnm.com/?p=478092026-04-01T15:34:05Z2026-04-01T15:34:05ZDelayed drowning
It might seem normal for your child to accidentally swallow some water while swimming, and in most cases, this is harmless. However, water can enter the lungs and irritate them, causing breathing problems up to 24-48 hours after leaving the pool. This is known as delayed drowning. Common symptoms to be wary of include:
Persistent coughing or wheezing
Rapid breathing, chest pain or trouble speaking
Extreme fatigue or confusion
Vomiting after coughing fits
Though delayed drowning is difficult to anticipate, pool operators have an obligation to protect their visitors. If your child struggles in the water for too long or ingests an unhealthy amount, they can become more at risk of delayed drowning.
Slip hazards
Children often know better than to run at full speed along wet surfaces, and parents can issue warnings or step forward to keep them out of harm’s way. The real danger comes from hazards that might make your child slip and suffer an injury, even if they are cautious or walking slowly. Falls along the side of the pool can lead to head injuries, fractures or concussions. Conditions that can make your child more likely to fall over include:
Algae buildup on the poolside
Broken or uneven tiles
Improper drainage
Missing traction strips
Poor lighting
If you notice any of these hazards, report them to the staff as soon as possible and ask them to document the issue.
Contaminated pool water
While the chemical smell of chlorine might seem like a good thing, indicating clean water free of bacteria, you should be wary if the smell becomes too strong. A powerful smell is a potential indicator of chloramines, which form when chlorine mixes with sweat and urine. This can irritate your child’s eyes, cause skin reactions or trigger asthma symptoms.
Similarly, a lack of cleaning or a poorly maintained drainage system can lead to the contamination of pool water. Bacteria and stomach illnesses can easily spread in these conditions. If your child ingests this water, they might fall ill. Signs that pool water is dirty or improperly maintained include:
Pool water that is cloudy enough to make it difficult to see the bottom
Water that causes a burning sensation in the eyes
Overwhelming chemical smell
Loose or damaged drain covers
If your child faces serious harm due to a lack of proper maintenance or chemical treatment, you might have a premises liability case in your hands.
Can you take legal action if your child suffers an injury?
Pool operators have a legal responsibility to fix or warn visitors about any hazards within their premises. If your child receives an injury or illness due to any of the hazards listed above, you can file an injury claim.
Keep in mind that in New Mexico, you generally have three years from the date your child receives the injury to file a claim. State rules might extend this deadline in some cases, but exceptions apply. When filing, you will need to gather evidence that can establish the following conditions:
How the incident occurred
How the pool owner failed to protect your child
How your child’s injury or illness connects to the incident
The severity of your child’s condition and how it affects their life
To strengthen your claim, take photos of the hazard, keep receipts related to treatment and write down what the staff says while the details are fresh. If an injury occurs, request an incident report and gather witness names before you leave.
Protecting your child after an injury
It might feel terrifying to see your child get sick or hurt over factors beyond your control. Likewise, there are few things more infuriating than the negligence of other people harming your children. As difficult as the situation might seem, you are not out of options.
Personal injury claims can help you make up for costly medical expenses and trips to the hospital, allowing you to continue providing for your children as they recover. Likewise, taking action against negligent pool owners can potentially save other children.
By acting quickly, you can protect your child’s future and support their recovery – all while doing your part in preventing similar problems from happening to other families in the future.]]>On Behalf of Marshall Law, P.C.<![CDATA[The diagnostic process in the medical field ]]>https://www.marshalllawnm.com/?p=478072026-03-17T19:55:21Z2026-03-17T19:55:21ZThe healthcare system uses structured steps for diagnosis. This foundational approach ensures doctors accurately diagnose patients, minimizing errors. This is because cases of failure to diagnose, misdiagnosis or delayed diagnosis often lead to serious consequences.Here is the process physicians in the U.S generally follow to provide a diagnosis:
Initial evaluation and history
When a patient has concerning symptoms, a doctor will perform an initial evaluation by interviewing them to get more information about their symptoms. Asking open-ended questions is crucial at this stage.The doctor will also obtain details about the patient’s past, family and social history (PSFH). They will review the patient's past medical history, medical events in the family and past and current lifestyle, such as substance use, work environment, housing conditions, physical activity, education level and nutrition.
Physical exam
Once the doctor has enough information, they will conduct a physical exam by observing the patient’s demeanor, checking vital signs and examining body systems. Several techniques are used during a physical exam, including observing, touching, tapping and listening with a stethoscope.
Diagnostic testing
The diagnostic stage involves repeated information gathering, integration and interpretation. Based on data collected during the physical exam, the doctor will create a list of potential diagnosesand then order laboratory work (blood tests, urine tests and imaging, such as X-rays, CT scans, MRI and ultrasound) to confirm and rule out illnesses.
Interpretation
The doctor will interpret all findings to establish a diagnosis and, in turn, determine treatment. They can seek additional expertise by collaborating with other physicians or referring the patient to another doctor for advanced testing or to access specialized expertise.The diagnostic process in the medical field significantly improves patient safety and outcomes. If you sustained an injury because your doctor made a mistake, consider legal guidance to protect your rights. ]]>On Behalf of Marshall Law, P.C.<![CDATA[The staggering costs of treating serious dog bite scars]]>https://www.marshalllawnm.com/?p=478052026-03-04T17:41:33Z2026-03-04T17:41:33ZDog bites can create several different types of medical expenses. The person bitten might have open wounds that require stitches. They might break a bone due to the force of the attack or a fall that occurred because a dog became aggressive.
A person with a dog bite is at risk of a serious infection caused by the bacteria in the dog's mouth that could be exacerbated by the shape of the bite wound. They may also have an increased risk of disfiguring or functionally-limiting scars developing around the bite injury. The cost of treating such scars may go well beyond what the injured person initially anticipates.
Dog bites cause major tissue damage
The damage caused by a dog bite attack is more serious than the break in the skin. The force of the bike can cause crush damage to nearby tissue, affecting muscles, connective tissue and even nerves. The extent of the damage can cause very significant scar tissue to form. Treatment for disfiguring scars on the hands, face or neck could include laser procedures, skin grafts and other surgical interventions. The cost of addressing a disfiguring dog bite scar could add up to tens of thousands of dollars in some cases. People with visible dog bites may need assistance evaluating their injuries and negotiating with insurance providers to secure adequate compensation. It is unfortunately relatively common for dog bite survivors to underestimate the damage their bite will cause and the cost of the care that they will require. Working with a personal injury attorney can help dog bite victims understand the compensation available to them and estimate their total losses more accurately. ]]>